Zoning Commission Minutes 06/05/2017

Subject to Approval

Simsbury Zoning Commission

TOWN OF SIMSBURY

REGULAR MEETING MINUTES

Monday, June 5, 2017 at 7:00PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

PRESENT:  Dave Ryan, Jaqueline Battos, Michael Doyle, and Kevin Gray.

ABSENT:  Donna Beinstein, Gerald Post, and Alternate Tom Kyzivat and Vaughan Marecki.

ALSO PRESENT:  Director of Planning and Community Development Jamie Rabbitt and Assistant Town Planner Michael Glidden.

I. CALL TO ORDER:

Chairman Dave Ryan called the meeting to order at 7:00PM.

II.  ROLL CALL:

1.  Appointment of Alternates.

As a quorum was achieved through regular members, no appointment of alternates was necessary.

III.  APPROVAL OF MINUTES – MAY 15, 2017 REGULAR MEETING & MAY 31, 2017 SPECIAL MEETING:

The May 15, 2017 Regular Meeting Minutes and the May 31, 2017 Special Meeting Minutes were adopted as submitted.

IV.  PUBLIC HEARINGS:

1.  Application #17-16 of Lisa Natcharian and Chris Milliard, Agents, for a proposed Text Amendment to Section 4.2 (Allowed Use Table) and Section 4.3.3 (Commercial Use Categories) of the Simsbury Center Code to create an additional Allowed Use titled “Small Event Center.”

Christopher Milliard of Phase Zero Design appeared before the Commission regarding this application.  Mr. Milliard explained that his client is seeking to introduce a new use, a small event center, to the Town Center Code.  He noted that the Town Center Code speaks to large events but not the uses his client has proposed. 

The language of the proposed text amendment was discussed.  Mr. Rabbitt suggested that the provision for alcohol be left off as the distribution and/or sale of and/or consumption of alcohol is covered by Special Exception under the existing Zoning Regulations.  He opined that the inclusion of alcohol in this amendment could cause confusion where an existing standard already exists.  Additionally, the word “shall” in the portion of the proposed language, “…Small Event Center uses shall include…” was deemed to be indicative that the event must include those items.  Consensus was to remove this word.  Finally, limiting the occupancies of not greater than 49 was questioned and discussed.

The hearing was open to the public for comment.  No remarks were shared.

MOTION:  Mr. Gray, Mr. Doyle second, to close the public hearing in the matter of Application #17-16; unanimously approved.

2.  Application #17-17 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event at the Old Drake Hill Flower Bridge on the property located at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15.

Ferg Jansen appeared before the Commission regarding this application.  He explained that the women who run the Flower Bridge are seeking a liquor permit for their annual “Burgers on the Bridge”, a one day event scheduled on June 14, 2017 from 4:30PM to 7:30PM, noting the rain date of June 15, 2017.  The end time for the event was questioned by commissioners.

The hearing was open to the public for comment.  No remarks were shared.

MOTION:  Mr. Gray, Mr. Doyle second, to close the public hearing in the matter of Application #17-17; unanimously approved.

3.  Application #17-18 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Town of Simsbury, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone); Article Seven, Section M (Floodplain Zone); and Article Ten, Section C.1.f (Sign Standards by Zones) of the Town of Simsbury Zoning Regulations in connection with the Town Forest Park improvement project on the property located at 86 Town Forest Road (shown on the Assessor’s Map as West Mountain Road, Map B14, Block 301, Lot 016, the work site being approximately 700 feet northeast from where Nimrod Road meets Town Forest Road). Zone R-40.

Adam Kessler, P.E., accompanied by Kevin Fuselier, L.A. of Milone & MacBroom, Inc., appeared before the Commission regarding this application.  Mr. Kessler explained that this application is part of the first phase of improvements at Town Forest Park, as the Town is seeking to make the park more accessible as well as to improve parking lot access to the trails.  As the work falls within the flood plain, approval from this commission is needed.  Mr. Fuselier reviewed design plans that included existing conditions and proposed elements.   He noted that a paved apron that leads into a gravel/sand parking area is currently inefficient with its irregular shape.  The Town will put out to bid two design alternatives for the parking lot: one that includes repaving just a portion of the parking spaces with the remainder as a dense process stone and the other alternative including paving the entire lot, according to Mr. Fuselier. 

Mr. Fuselier indicated on the plan the location of the two remaining structures on this former YMCA camp: an old timber changing station on concrete footings in the northeast corner of the parcel and an old pavilion over picnic tables.  The proposal includes demolishing the former changing station and repainting the pavilion, removing the graffiti, and replacing the old picnic tables.  Mr. Fuselier noted the location of the old timber footbridge.  He also explained that the proposal includes replacing this bridge along with several paved pathways.

The guiderail around the parking lot as well as the proposed paved pathways were discussed by the Commission.

The hearing was open to the public for comment.  No remarks were shared.

MOTION:  Mr. Doyle, Mr. Gray second, to close the public hearing in the matter of Application #17-18; unanimously approved.

4.  Application #17-19 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Simsbury Public Schools, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone) and Article Seven, Section M (Floodplain Zone) of the Town of Simsbury Zoning Regulations in connection with the reconstruction of tennis courts located at Simsbury High School on the property located at 34 Farms Village Road (Assessor’s Map F11, Block 148, Lot 016). Zone R-40.

Joined by Simsbury Public Schools Business Director Burke LaClaire, Mr. Fuselier addressed the proposed reconstruction of tennis courts located at Simsbury High School.  Mr. Fuselier explained that the site currently has six tennis courts behind the school, referring in his presentation to the 24”x36” drawings depicting the two batteries of tennis courts through rectangles on the plan.  Three of the new courts will remain in the same location, at the back of the property near the tree line.  The area where the three courts that are being relocated will be restored back to lawn.  He explained that they are currently asphalt courts, with maintenance necessary annually to address the cracks and that these have met their life span.  The proposed new courts will include six regulation courts, again two batteries of three courts, but with post tension construction rather than using bituminous asphalt.  He explained that post tension construction is concrete slabs, similar to the type used in parking garages, tensioned together by wiring.  Mr. Fuselier noted that the result of hairline cracks are much smaller than those seen with asphalt courts and need only to be recolored/re-lined every five to ten years.  These post tension courts will be constructed without lifting the courts up, a fact especially important to the location within a flood zone.  Minor realignment of the paved pathway leading to the courts will be part of the project.  The backboard, or board wall, affixing to the chain link fence, while not part of the original design but subsequently added, was briefly discussed and explained.

The hearing was open to the public for comment.  No remarks were shared.

MOTION:  Mr. Doyle, Mr. Gray second, to close the public hearing in the matter of Application #17-19; unanimously approved.

MOTION:  Mr. Gray, Mr. Doyle to modify the Agenda, moving Application #17-17 to the first item under Old Business; unanimously approved.

III.  OLD BUSINESS:

1. Applications.

a.   Application #17-17 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event at the Old Drake Hill Flower Bridge on the property located at 1 Old Bridge Road (Assessor’s Map H11, Block 144, Lot 007). Zone R-15.

It was noted that while the application reflected an end time of 7:00PM, testimony was received by the applicant seeking approval for an end time of 7:30PM.

MOTION:  Mr. Gray, Ms. Battos second, to approve Application #17-17 of Ferg Jansen, Agent; Town of Simsbury, Owner; for a Special Exception pursuant to Article Ten, Section H of the Town of Simsbury Zoning Regulations for a temporary liquor permit for a one-day event at the Old Drake Hill Flower Bridge on the property located at 1 Old Bridge Road.

The special exception approval is subject to the following conditions of approval:

1. The approval is for liquor permit for a one day event to be held on June 14, 2017, with a rain date of June 15, 2017.

2. The event will start at 4:30PM and end at 7:30PM; unanimously approved.

b.  Application #17-12 of Landworks/Highcroft Simsbury LLC, Owner; for a Site Plan Amendment for modifications to a prior approval on the property located at 225 Powder Forest Drive (Assessor’s Map F14, Block 103, Lot 005-5). Zone PAD.

MOTION:  Mr. Gray, Ms. Battos second, to approve Application #17-12 of Landworks/Highcroft Simsbury LLC, Owner; for a Site Plan Amendment for modifications to a prior approval on the property located at 225 Powder Forest Drive

The special exception approval is subject to the following conditions of approval:

1.  A pre-construction meeting is required before the start of site work.

2.  Final plans with all approved modifications shall be submitted to the Planning Department before start of site work. Said plans are to be signed and stamped by professional engineer, licensed landscape architect, and surveyor. No site work is to occur until said drawings are filed with the Planning Department.

3.  Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf; unanimously approved.

c.  Application #17-16 of Lisa Natcharian and Chris Milliard, Agents, for a proposed Text Amendment to Section 4.2 (Allowed Use Table) and Section 4.3.3 (Commercial Use Categories) of the Simsbury Center Code to create an additional Allowed Use titled “Small Event Center.”

MOTION:  Mr. Gray, Ms. Battos second, to approve Application #17-16 of Lisa Natacharian and Chris Milliard, Agents for a proposed text amendment to Section 4.2 (Allowed Use Table) and Section 4.3.3 (Commercial Use Categories) of the Simsbury Center Code to create an additional Allowed Use titled “Small Event Center” reading as follows:

General commercial uses to support private gatherings of daily or regularly scheduled events, small in size.  Gatherings may include entertainment or educational in nature but shall not exceed occupancies of greater than 49 occupants.  Sales of goods or products shall be allowed but limited to Ground Story only.  Baking of goods, not for sale, may be performed and limited to teaching or recreational purposes.   Catering of food shall be allowed.

Small event center includes the following:

1.  Puzzle/Mystery rooms

2.  Special Interest Clubs

3.  Conferences

4.  Seminars

5.  Drama:  Live Action Role Playing, Small Concerts

6.  After-school activities for children

7.  Family and social events, i.e. cocktail parties, costume balls, birthday parties, game tournaments; unanimously approved.

d.  Application #17-18 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Town of Simsbury, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone); Article Seven, Section M (Floodplain Zone); and Article Ten, Section C.1.f (Sign Standards by Zones) of the Town of Simsbury Zoning Regulations in connection with the Town Forest Park improvement project on the property located at 86 Town Forest Road (shown on the Assessor’s Map as West Mountain Road, Map B14, Block 301, Lot 016, the work site being approximately 700 feet northeast from where Nimrod Road meets Town Forest Road). Zone R-40.

MOTION:  Ms. Battos, Mr. Gray second, to approve Application #17-18 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Town of Simsbury, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone); Article Seven, Section M (Floodplain Zone); and Article Ten, Section C.1.f (Sign Standards by Zones) of the Town of Simsbury Zoning Regulations in connection with the Town Forest Park improvement project on the property located at 86 Town Forest Road.

The special exception approval is subject to the following conditions of approval:

1.  A pre-construction meeting is required before the start of site work.

2.  An administrative zoning permit is required.

3.  Sign is not to be illuminated.

4.  All Conditions of Approval associated with Application CC 17-04 are incorporated in the Approval of ZC 17-18.

5.  Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf; unanimously approved.

e.  Application #17-19 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Simsbury Public Schools, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone) and Article Seven, Section M (Floodplain Zone) of the Town of Simsbury Zoning Regulations in connection with the reconstruction of tennis courts located at Simsbury High School on the property located at 34 Farms Village Road (Assessor’s Map F11, Block 148, Lot 016). Zone R-40.

MOTION:  Mr. Doyle, Mr. Gray second, to approve Application #17-19 of Kevin Fuselier L.A., Milone & MacBroom, Inc., Applicant; Simsbury Public Schools, Owner; for Special Exceptions pursuant to Article Seven, Section A.4 (Uses Permitted as a Special Exception in any Zone) and Article Seven, Section M (Floodplain Zone) of the Town of Simsbury Zoning Regulations in connection with the reconstruction of tennis courts located at Simsbury High School on the property located at 34 Farms Village Road

The special exception approval is subject to the following conditions of approval:

1.  A pre-construction meeting is required before the start of site work.

2.  An administrative zoning permit is required.

3.  All Conditions of Approval associated with Application CC 17-04 are incorporated in the Approval of ZC 17-19.

4.  Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf

5.  A backboard/wall board may be installed upon submission of a detailed plan to the Zoning Commission, and reviewed and approved by staff, so long as staff determines that the installation of the wall does not conflict with the one-hundred year flood plain requirements; unanimously approved.

f.  Application #17-20 of Jeremy Vearil, Applicant; Sandra Bourke and Marshall Epstein, Owners; for a Site Plan Amendment to change the location and size of the previously-approved proposed wine production building on the property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108, Lot 003). Zone R-40.

Mr. Rabbitt reported on the two recommendations provided by the Design Review Board: mullions be added to the side lights associated with the proposed door and entrance and trim is a minimum of 1” x 6” along the base and break boards associated with the construction of the building.  Additionally, it was noted that the columns ought to be red to match the proposed color of the siding, also functioning to match the color of the barn.  He also noted that the green color of the roof will match the color on the barn.

MOTION:  Mr. Gray, Ms. Battos second, to approve Application #17-20 of Jeremy Vearil, Applicant; Sandra Bourke and Marshall Epstein, Owners; for a Site Plan Amendment to change the location and size of the previously-approved proposed wine production building on the property located at 25 East Weatogue Street.  The Site Plan Amendment approval is subject to the following conditions of approval:

1.  A pre-construction meeting is required before the start of site work.

2.  An administrative zoning permit is required.

3.  Applicant shall provide a copy of permit from Farmington Valley Health District in order for issuance of a zoning permit.

4.  Minor field adjustments in grading and landscaping may be made based on field conditions and written approval from lthe Town Planner who has been given the authority on behalf of the town Zoning Commission to act on their behalf.

5.  Match the recommendations of the Design Review Board associated with the color and material choices; unanimously approved.

g.  Application #17-21 of Landworks/Carson Way LLC, Owner, for a Site Plan Amendment for a modification to the prior site plan approval to include a “tot lot” to be located within the permitted development area east of the Mail Center on the property located on Carson Way, East of the mail center at the entrance from Stratton Brook Road (shown as Assessor’s Map E13, Block 619, Lot 005). Zone CZ.

MOTION:  Mr. Doyle, Ms. Battos second, to approve Application #17-21 of Landworks/Carson Way LLC, Owner, for a Site Plan Amendment for a modification to the prior site plan approval to include a “tot lot” to be located within the permitted development area east of the Mail Center on the property located on Carson Way, East of the mail center at the entrance from Stratton Brook Road

The special exception approval is subject to the following conditions of approval:

1.  A pre-construction meeting is required before the start of site work.

2.  An administrative zoning permit is required.

3.  Limits of clearing and disturbance are to be marked and approved in the field before start of site work by Zoning Enforcement Officer.

4.  Perimeter control such as plantings or fencing shall be provided along northern boundary of “tot lot”. Plans are to be modified to incorporate such changes and approved by the Town Planner.

5.  Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Town Planner, who has been given the authority on behalf of the Town’s Zoning Commission to act on their behalf; unanimously approved.

VI. NEW BUSINESS:

1.  Receipt of New Applications.

a.  Application #17-23 of Howard Spargo, Spargo Construction, Agent; Shadowbrook Farms LLC, Owner; for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 27 Shadowbrook (Map B06, Block 203, Lot 103). Zone R-160.

MOTION:  Ms. Battos, Mr. Gray second, to accept Application #17-23 of Howard Spargo, Spargo Construction, Agent; Shadowbrook Farms LLC, Owner; for a Special Exception pursuant to Article Seven, Section C.9, of the Town of Simsbury Zoning Regulations for an accessory dwelling unit on the property located at 27 Shadowbrook (Map B06, Block 203, Lot 103). Zone R-160, and schedule a public hearing for June 19, 2017 to be held at Simsbury Town Offices, 933 Hopmeadow Street, at 7:00PM; unanimously approved.

b.  Application #17-24 of Charlie Kaylor, Kaylor Real Estate, Owner, for a sign permit for RE/MAX Communities on the property located at 552 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 032). Zone B-1.

Mr. Rabbitt noted that the Design Review Board considered this application at a meeting earlier this date and have submitted a favorable recommendation for approval but for a couple caveats.  Mr. Rabbitt explained that while they recommended approving the 34”x48” ground sign, they did not recommend approval for the roof sign.  He explained that a provision in the Zoning Regulations require signs subsequent to 1990 conform to the existing regulations.  The Design Review Board recommended an authorization of staff to review and administratively approve signs that would hang from the eaves of the entry vestibule similar to the signage approved at nearby businesses, Ideal Weightloss and Drake Oil.

MOTION:  Mr. Doyle, Ms. Battos second, to approve Application #17-24 of Charlie Kaylor, Kaylor Real Estate, Owner, for a sign permit for RE/MAX Communities on the property located at 552 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 032).  Zone B-1 for the ground sign included in the application.  A proposal to install two signs, under the eaves, similar to those approved for Ideal Weightloss on the Starbucks building may be submitted to the Zoning Commission by the applicant but approved administratively by staff; unanimously approved.

VII.  GENERAL COMMISSION BUSINESS:

1.  Discussion of New and Ongoing Projects.

a.  Zoning Regulations revisions: General Discussion.

Mr. Rabbitt reported that Zoning Regulations revisions are ongoing. 

b.  WHOZ moratorium:  General Discussion.

He noted that progress with the Workforce Housing Overlay Zone has been continuing with its likely location being Hoskins Road.

IV.  ADJOURNMENT:

MOTION:  Mr. Gray, Mr. Doyle second, to adjourn at 8:20PM; unanimously approved.

Respectfully submitted,

Pamela A. Colombie

Recording Clerk